Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CSL Australia Pty Ltd v Maritime Union of Australia [2016] FCA 1141 File number: NSD 156 of 2016
Judge: PERRAM J
Date of judgment: 15 September 2016
Catchwords: PRACTICE AND PROCEDURE – privilege against exposure to penalty – whether privilege waived by filing proceedings in Fair Work Commission – whether privilege waived by filing witness statements
Legislation: Evidence Act 1995 (Cth) s 138
Cases cited: Accident Insurance Mutual Holdings Ltd v McFadden (1993) 31 NSWLR 412 Australian Competition and Consumer Commission v FFE Building Services Ltd and Others (2003) 130 FCR 37 Australian Securities and Investments Commission v Mining Projects Group Ltd and Others (2007) 164 FCR 32 Clayton Utz (a firm) v Dale [2015] VSCA 186 Gemmell & Anor v Le Roi Homestyle Cookies Pty Ltd & Ors [2014] VSCA 182 Hearne v Street (2008) 235 CLR 125
Date of hearing: 14 September 2016
Registry: New South Wales
Division: General Division
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 19
Counsel for the Applicant: Mr G Hatcher SC with Mr M Seck
Solicitor for the Applicant: Hall & Wilcox
Counsel for the Respondents: Mr M Gibian
Solicitor for the Respondents: W.G. McNally Jones Staff
Table of Corrections
24 October 2016 The second sentence of the first paragraph, "The application should be refused with costs." has been replaced with "The application should be refused."
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